Terms and Conditions
TERMS OF USE
Consumers agree to use the Application and Our Material for lawful purposes only and that Your use of the Application and Our Material is and shall in no way be unlawful, dishonest, discourteous, rude, harmful, aggressive, abusive, sexualised, or fraudulent, and does not have the intention, effect, or likely effect of damaging us, Our licensors, or any other person, either reputationally, financially or in any other way. We have included a non-exhaustive list of Content or activity which must not be submitted via the Application and conduct which we would consider a breach, at Appendix A at the bottom of Our Contract. For the avoidance of doubt, generally being rude toward or otherwise acting without due regard for the health and wellbeing, privacy, and/or feelings of other Consumers would amount to a breach of this condition;
License
The Application is Our property and that of Our licensors. All rights are reserved and updates and modifications to the Application and its Content will vest in us or Our licensor, as applicable. As long as You comply with Our Contract and subject to its terms, we are agreeable to Your use of the Application and Content on a limited, fully revocable, personal, non-exclusive, non-transferable, and non-sub-licensable basis so that You may access, internally use and display the Application and Content as an individual only at Your location solely as necessary to browse and/or participate in Our Material as permitted by Our Contract. If You do not comply with Our Contract, or we suspect You have not complied, we may terminate Your use of the Application and Content immediately.
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Conditions for account registration
Account termination
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
Contenido en esta Aplicación
“Derechos” sobre el Contenido de esta Aplicación
Users may not therefore use such Content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create derivative works from the Content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Access to provided Content
Private Content
Access to external resources
Acceptable use
Users agree to use this Application or the Services on a basis which does not either intentionally or otherwise indirectly seek to breach the terms of Our Contract which includes, without limitation, displaying, listening to, and/or interacting with, Our Material in close proximity with or to other persons such that they may enjoy a ‘passive’ or otherwise learning experience.
If the Application, Content and Service ever contains links to websites that are provided by third parties, You agree and acknowledge that we do not have any control over the Content on those websites, and that we are not responsible for the security of any information You give to them and/or any loss or damage that may come from Your use of them or any sites they onward link to. We disclaim all liability in relation to and You release us from any claims or disputes that may come from using those websites.
User can ask for content to be removed from Our Application and we will do so if it is necessary in order to comply with data protection legislation or it breaches intellectual property laws or otherwise may be obscene or defamatory.
E-mail us on SUPPORT@LEARNENGLISHFACIL.COM to ask for Content to be removed including the web address (URL) of the Content, explaining who You are, Your relationship to the content and providing contact details, and explaining fully why You think it should be removed. We will either request further information or reply to confirms Our decision.
You understand and agree that it may be necessary for us to permanently or temporarily suspend Your use of the Application and/or access to the Our Material. This may be for legal or other reasons (including but not limited to site maintenance) and where sensible, practicable and lawful we will notify You of any anticipated disruption or impact. We will try to have site maintenance undertaken at minimally disruptive times but that may not always be possible such as in cases of emergency or urgent issue.
TERMS AND CONDITIONS OF SALE
To purchase Products, the User must register or log into this Application.
Prices, descriptions, Content or availability of Products are outlined in the respective sections of this Application and are subject to change without notice.
Users acknowledge, understand and agree that the Application, Content and Service (including the lessons, exercises, tests, and quizzes) may change from time to time without prior notice to You, and that we may stop or suspend (permanently or temporarily) providing the Application and Our Material (or any part of them) to
You for whatever reason, at Our sole discretion, without prior notice to You. This may be for legal or other reasons (including but not limited to site maintenance) and where sensible, practicable and lawful we will notify You of any anticipated disruption or impact. We will try to have site maintenance undertaken at minimally disruptive times but that may not always be possible;"
Courses (live and in self-study mode)
It is essential that You are aware that all courses are delivered in English.
By placing a booking, which if accepted will lead to a further Contract incorporating the terms of Our Contract being created, You confirm that the User can read, write, and understand English to a level which is consistent with the course being taken. If You have any doubt, You should discuss this with us before placing the booking. This will not be a valid reason for You to request a cancellation of any purchase made under Our Contract.
The Application provides an online test that is accessible upon registration and accepting Our Terms and conditions. This test helps the evaluation of the User's English level (I.e B1, B2 o C1). We cannot be responsible for the result of the online knowledge test as it is done without Our supervision. For courses that include live virtual tutoring sessions and aim at preparing for certification an oral test on the phone or videoconference might be provided in order to validate the level of the User interested in registering to such courses
Additional study Materials (i.e. supplementary to that on the ‘grammar platform’) may be made available to Consumers by the tutor during the course.
The group virtual tutoring sessions will not include more than eight (8) Consumers and will be recorded (see conditions below).
One2One classes (private classes)
The sessions might be recorded for the purpose of the improvement of the users (See above).
We reserve the right to replace a tutor with an equivalently capable tutor at any time and without reason before the start of a session.
Consumers must observe class rules (as notified to him or her by the tutor from time to time).
Minimum configuration to run the application
The Consumer may be required to use third-party video conferencing software specified by us from time to time. The software we use shall be made clear to the User prior, he or she will be responsible for checking they can meet the pre-condition of already having that installed, prior to purchase. The Consumer shall be required to obtain such video conferencing software at their own cost and to carry out his or her own enquires in relation to the use and installation of the software prior to obtaining it. We disclaim liability fully and make no representations or warranties in relation to such third-party video conferencing software.
Any steps needed from Product choice to order submission, form part of the purchasing process. The purchasing process includes these steps:
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Offers and discounts
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.
Coupons
All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User."
Users agree to pay the amount specified on the Application Access to and use of Our Application and Our Material may be denied or suspended entirely pending receipt by us of payment. The use of certain payment methods requires You to accept the terms of third parties. We do not have control over the services provided by such third parties, nor do we control the terms of service they may impose. To the extent permissible by governing law, we are not responsible for delay or failure in relation to such services.
If you are making a business/self-employed booking and are registered for VAT in the UK, then VAT will be added to your invoice (if you provide us with your VAT number). If you are making a business/self-employed booking and are based in the UK but not registered for VAT, then no VAT will be added to your invoice (if you can prove that you are a registered business in the UK).
If the sales tax percentage changes between your order and payment, the amount of sales tax payable will be automatically adjusted at the time of payment.
Course moves will be made at Our discretion, will depend on the availability of other similar courses, and can only be made once. Course moves can only be made if there are more than 14 days before the first day of the Course. By this time, class and tutor allocation which will have taken place.
Authorization for future PayPal payment
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Delivery
Users acknowledge and accept that in order to use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.
Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.
Performance of services
Some features or functions of this Application may not be available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified on this Application.
The trial period shall end automatically and shall not convert into any paid Product unless the User actively purchases such paid Product.
There will be no trial available for any Product and Service involving a tutor teaching live classes online.
Trials only apply to the "Self-study" Product/Service.
During a trial the User will have access to free sections at the beginning of the "Self-study" Product/Service.
Users are solely responsible for the level of Course or Grammar Platform Access Pass they choose to purchase from us and a feeling that the language level is too high or too low will not be considered an adequate reason for cancellation at any other time.
Any refunds will be made using the same payment method that You used for Your purchase.
If due to a breach of Our Contract (either once or on a repeated basis) which we consider is serious or due to its frequency amounts to serious misconduct, in Our absolute discretion, we terminate Your use of the Application and Our Material, Your Account will be closed, and You will not be entitled to a refund.
User rights
Right of withdrawal
Effects of withdrawal
• The right of withdrawal does not apply to Contracts: for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and with their acknowledgement that their right of withdrawal is thereby lost;• for the provision of services, after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with their acknowledgement that their right of withdrawal is lost once the Contract has been fully performed;
The User may be entitled to cancel without reason and obtain a refund in relation to a Course or Grammar Platform Access Pass in self-study format (excluding course including live courses with tutors) if, Within 14 days of the Course starting, or within 14 days of making the purchase ( if this occurs after the Course starts), or within 14 days of the activation of the Grammar Platform Access Pass, the Student/User has not watched any of the online lesson videos AND completed (or attempted to complete) any exercises, tests, and quizzes, or otherwise demonstrated less than trivial interaction with Our Material, which Material the Student understand and expressly request is delivered and made available to You immediately.
The User acknowledges that this delivery (and his subsequent interaction with the Material) will lead to him losing his legal right to cancel. Without prejudice to the right described above Students are solely responsible for the level (i.e, B1, B2, C1...) of the course they choose to purchase from us. Their feeling that the language level is too high or too low will not be considered an adequate reason for cancellation at any other time.
in relation to One2One classes, Users are only entitled to cancel without reason and obtain a refund if they provide us with 1 full day (meaning 24 hours as a full day), not including Saturdays and Sundays, advance notice by e-mail to SUPPORT@LEARNENGLISHFACIL.COM of Your inability to make the scheduled session. For example, a cancellation made on Saturday at 19:59 o’clock will only take effect from Monday at 20.01. To cancel a class on a Monday at 9.00 o’clock, a user will have to before on the prior Friday at 8.59 in the morning
Where You are a User/Student (for the avoidance of doubt, this excludes Students/Users on corporate bookings), has made a corporate booking or is a Teacher/Tutor, with a currently directly paid for Grammar Platform Access Pass, then if we unilaterally make such profoundly material changes to Our Material as to make them entirely and substantially different from those originally obtained, or entirely and permanently cease to make Our Material available to You for reasons other than breach by You or those anticipated in those T&Cs , and You contact us on SUPPORT@LEARNENGLISHFACIL.COM requesting cancellation, then You may be entitled to a refund subject to appropriate deductions reflecting use and value obtained.
Liability and indemnification
COMMON PROVISIONS
Service interruption
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labour actions, infrastructural breakdowns or blackouts etc).
Service reselling
Changes to these terms
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force. (for the avoidance of doubt, this excludes Users/Consumers on corporate bookings)
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter.
These Terms will be enforced to the fullest extent permitted by law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the Contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Authoritative version of these TermsThese Terms are drawn up and revised in English. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.
Governing law
You agree that there shall be no challenge or impediment to Our ability to apply for injunctive remedies or relief in any jurisdiction.
Our Contract does not create any rights that are intended to be enforced by a third party.
Venue of jurisdiction
Exception for European Consumers
UK Consumers
US USERS
US Users
• The User’s grant of licences under these Terms shall survive indefinitely;
Dispute resolution
Our Contract does not create any rights that are intended to be enforced by a third party.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 3 days of receiving it.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Definitions and legal references
refers to:
Agreement: Any legally binding or Contractual relationship between the Owner and the User, governed by these Terms.
Coupon: Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.
Terms: All provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
The Privacy and Cookies Policy also governs and applies to Your use of the Application, Application, material and Content, and is incorporated into and forms part of Our Contract by reference. It may also be changed from time to time and such changes are effective immediately upon posting such changes on the Application. A breach of the policy is a breach of Our Contract.
Example withdrawal form / complain form